Admissions / Qualifications

Qualifications

Court Admissions

U.S. District Court for the Eastern District of New York

U.S. District Court for the Southern District of New York

Awards

Lawdragon.com’s 500 New Stars, New Worlds (2006)

Evan Gourvitz

Counsel

Evan Gourvitz has successfully litigated intellectual property cases in federal court and before the Trademark Trial & Appeal Board, and counseled clients on intellectual property disputes, for 20 years. He has handled every kind of intellectual property matter, including trademark, copyright, patent, trade secret, false advertising, and right of publicity, as well as First Amendment and general commercial litigation matters, for premier names in the consumer products, entertainment, restaurant, pharmaceutical, and fashion industries, among many others.

Evan is especially familiar with social media, having been involved both personally and professionally for more than 25 years, including serving on an early new media think tank at one of the world’s largest publishers and working as an HTML programmer at one of the earliest medical websites. He regularly advises clients on cutting-edge digital issues, including social media advertising disputes; demands to remove purportedly infringing, libelous, or offensive materials from websites and social media; doxing or doxxing (the public release of private personal information on the Internet) and social media reputation management; the use of celebrity and third-party brand names on social media; cybersquatting and UDRP proceedings; and how to prevent disputes and demand letters from “going viral.”

Experience

Bureau National Interprofessionnel Du Cognac v. Prowood Wine & Spirits, Inc. Successfully represented our client in a federal district court case involving the sale of a third-party product, described as “Arman Cognac,” that was not genuine Cognac.

Regularly represents and advises the Harvard Law Review Association in copyright and trademark disputes relating to The Bluebook: A Uniform System of Citation.

Hogarth v.Edgar Rice Burroughs, Inc. Successfully defended the owner of all existing rights in the Tarzan character, in the trial court and on appeal, against claims that two Tarzan books published in 1972 and 1976 were owned by artist Burne Hogarth, rather than works for hire owned by Burroughs.

Creative Arts by Calloway, LLC v. Brooks. Successfully defended Cab Calloway's grandson, in the trial court and on appeal, against multiple attempts by his grandfather’s widow, her family, and their company to prevent him from performing his grandfather's music as "The Cab Calloway Orchestra."

Overbeck Corp. v. Overbeck GmbH. After a full trial on trademark infringement and dilution claims, prevailed on motion to strike a jury verdict against German company, its parent, and its U.S. affiliate.

Walker v. DC Comics. Successfully defended comics publisher from claim that its comic “Superman: Last Son of Earth” infringed plaintiff’s purported rights in an unsolicited story idea submitted to DC.

Brooks v. Creative Arts by Calloway, LLC. Successfully opposed application to register the trademark CAB CALLOWAY based on prior common law use of the mark THE CAB CALLOWAY ORCHESTRA by Cab Calloway's grandson, Christopher Brooks.

Lacoste Alligator, S.A.v. Maxoly, Inc. Successfully opposed application to register alligator design mark based on prior registrations for and common law use of Lacoste alligator design marks.

PepsiCo, Inc. v. “The Holy See.” In administrative proceeding before the World Intellectual Property Organization, acquired various PEPSI-formative domain names from an anonymous squatter who purportedly registered those domain names as political speech.